Anthony and Gloria Donnora - Page 8

                                        - 8 -                                         

          and 1990 tax returns.  A jury convicted Anthony of all these                
          section 7201 and 7206(2) charges.                                           
          Discussion                                                                  
               1.  Rule 41(a)--Amended Reply                                          
               Rule 41(a)8 provides that after a case has been noticed for            
          trial, a party may amend a reply only by leave of Court or by               
          written consent of the adverse party, and “leave shall be given             
          freely when justice so requires.”  In the instant case respondent           
          has not consented to petitioners’ proposed amended reply.                   
               Petitioners contend that justice requires the Court to allow           
          the proposed amended reply because petitioners inadvertently                
          failed to deny the affirmative allegations in paragraph 7 of the            
          answer, and petitioners should be permitted to litigate the                 
          amount of their tax liabilities.                                            
               Respondent contends that respondent’s counsel had drawn                
          petitioners’ counsel’s attention to Rule 37 and the desirability            


               8    Rule 41(a) provides, in pertinent part, as follows:               
               RULE 41.  AMENDED AND SUPPLEMENTAL PLEADINGS                           
                    (a) Amendments:  A party may amend a pleading once                
               as a matter of course at any time before a responsive                  
               pleading is served.  If the pleading is one to which no                
               responsive pleading is permitted and the case has not                  
               been placed on a trial calendar, then a party may so                   
               amend it at any time within 30 days after it is served.                
               Otherwise a party may amend a pleading only by leave of                
               Court or by written consent of the adverse party, and                  
               leave shall be given freely when justice so requires.                  
               * * *                                                                  




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011